Oregon Administrative Rules|Section 166-035-0015 - Facilitated Dispute Resolution Process

                                                
Current through Register Vol. 60, No. 12, December 1, 2021
Upon receipt of a request for facilitated dispute resolution services, the State Archivist shall communicate with both parties regarding the records request. The Archivist shall determine if the request meets the requirements of OAR 166-035-0010, needs to be narrowed or clarified and shall work with both parties to reach a compromise. 
 
(1) Subject to ORS 357.875, the State Archivist may confidentially access, examine, or receive the records in question to determine if they can be disclosed in whole, in part, or not at all. In some cases, the Attorney General may be consulted for legal advice. 
 
(2) If the facilitated dispute resolution results in an agreement between the public records requester and the public body, the State Archivist shall prepare a written document memorializing the agreement. The written agreement shall be executed by the public records requester and an authorized representative of the public body. The written agreement shall control the resolution of the records request. 
 
(3) If an agreement is not reached, the State Archivist shall inform the requestor of the process to escalate to the Attorney General, District Attorney, or appropriate legal counsel. The public body will also be informed of their right to consult their legal counsel for a formal opinion. 
 
(4) The State Archivist possesses sole discretion over the conduct of facilitated dispute resolution sessions within the bounds of this rule. 
 
(5) The State Archivist may decline to accept requests for facilitated dispute resolution if the State Archivist has reason to believe that facilitated dispute resolution would not be productive, such as if a person or public body has acted in bad faith. 
 
(6) The State Archivist may delegate duties under this rule. 
 
(7) The State Archivist shall publish an annual report on facilitated dispute resolution services requested, resulting outcomes, and recommended process improvements. A copy shall be sent to the Legislature and Governor.
 
Or. Admin. R. 166-035-0015
OSA 2-2017, f. & cert. ef. 7-14-17
Stat. Auth.: ORS 192.015, 357.895, 357.855, 357.875
 
Stats. Implemented: ORS 192 & 357
This section was updated on 8/29/2017 by overlay.